My son has been in the US since he was less than two years old, and now he is 17 in his last year of high school. We immigrated to the United States on a tourist visa. Today, I heard about Obama's new proposal for children like my son. I would like to know what steps I should take in order to take advantage of this opportunity.
Put together evidence to prove when and how he came to the US. Other evidence should include his passport, birth certificate, school records and perhaps a police records check. Then call an immigration attorney. The government will have a process through which your son can register and apply for work authorization. There are many immigration attorneys in California.
You can read about it at http://www.dhs.gov/ynews/releases/20120612-napo.... According to the announcement the policy is effective immediately, however USCIS will not start accepting applications until August. See a lawyer before you do anything to understand what is at stake. You need to discuss the risks, given that everything may change in November.
The new policy memorandum would allow your son to qualify for deferred removal and work authorization. The exact methods for applying will be described within the next 60 days but it may be advisable to hire an attorney to start gathering the necessary evidence now. For more information click the link below,
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Hello. Thank you for the question>
In order for your son to qualify for President Obama's new immigration policy, he will have to show the following:
1. He entered the U.S. under the age of 16 (which seems to be case based on your posting);
2. He has continuously resided in the U.S. for at least 5 years preceding June 15, 2012 and is presently in the U.S. (you need documentation to establish this);
3. He is currently in school, graduated from high school, has a general education development certificate or served in the U.S. Armed Forces (you've indicated that your son is presently in high school);
4. He has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5. Not above the age of 30 (he's only 17).
Please note: President Obama's new immigration policy WILL NOT confer any immigration status, meaning that your son will NOT get a green card under the Obama policy. That said, under the Obama policy, your son may be eligible for work authorization and will not be placed in jeopardy of deportation. I suggest that you consult with an immigration attorney before filing any documentation on behalf of your son.
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Based on a memo from the Obama Administration dated June 15, 2012, a new policy will be effective immediately; certain young people who were brought to the United States through no fault of their own as young children and who meet specific qualifications will not be removed from the United States or sent to the Immigration Court for removal proceedings. Those who can present evidence that they qualify will be eligible to receive deferred action for a period of two years, subject to renewal.
Individuals who wish to apply for this benefit will be required to prove through verifiable documentation that they are eligible for deferred action. Applicants will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a continuous period of not less than 5 years immediately preceding today’s date.
The use of prosecutorial discretion confers no substantive right or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights. While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty days.
Who will be eligible to receive deferred action under the new policy?
Pursuant to the Secretary’s June 15, 2012 memorandum, in order to be eligible for deferred action young immigrants must:
1.) Have come to the United States under the age of sixteen through no fault of their own;
2.) Have continuously resided in the United States for at least five years preceding June 15, 2012 and be present in the United States,
3.) Currently be in school, have graduated from high school or have obtained a general education
We will not know exactly how the government intends to implement this policy until it actually occurs. However, we may draw some conclusions;
1) To take advantage of the new policy a young person is going to need to report to Immigration and Customs Enforcement (ICE) or another agency the government may appoint. This will require that a person come out of hiding and report their status and possibly provide other family information.
2) The wording, “through no fault of their own,” indicates that the young people – usually young men – who came to the United States on their own and in order to find work, will not be eligible.
3) The term, “deferred,” does not mean that the immigrant has been granted any form of status in the USA. It means that removal proceedings could be implemented in the future. The policy specifically requires that a person re register after 2 years. The status to be granted a qualifying applicant under this policy sounds similar to Temporary Protective Status (TPS).
4) Prosecutorial Discretion means that the government chooses not to refer a person to removal proceedings at this time. There is no indication that this policy will grant any permanent relief.
5) It can be assumed that persons who have been convicted of a CMT, AF, and in some instances other crimes such as DUI and minor drug possession may not be eligible.
Regardless of the foregoing, the positive aspects of this policy are greater than any possible negatives consequences. Persons who qualify will be eligible for employment authorization, to go to school and get a driver license.
Individuals seeking more information on the new policy should contact the Mulder Law Office, P.A.. We will be monitoring this policy and preparing to assist young people immediately upon implementation.
The Mulder Law Office, P.A.
Asking these questions is the first step. I would have someone assist you through the process, either a law firm or a community service center. Not that you wont be able to do it yourself, but sometimes the experience and peace of mind is worth the cost.
Call me if you have any questions, CA is not too far for us, we assist clients across the world, I'd be happy to give you a price quote.
Here's a video with more information about the announcement.
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